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Subject: Fundamental Rights,DPSP

1. History + Evolution
2. Features
3. Amendments
4. Basic Structure

  • What is Habeas Corpus?

    The Supreme Court has decided to examine a habeas corpus plea made by the children of a Pakistan national who they believe has been unlawfully detained for seven years.

    What is Habeas Corpus?

    • Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court.
    • He/she can request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
    • In India the power to issue a writ of habeas corpus is vested only in the Supreme Court and the High Court.
    • Habeas corpus is the writ which was visualized as an effective means to provide a quick remedy to a person who has lost his personal liberty without any legal justification.

    What is Article 32?

    • Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
    • It is one of the fundamental rights listed in the Constitution that each citizen is entitled.
    • It states that the Supreme Court “shall have the power to issue directions or orders or writs for the enforcement of any of the rights conferred by this Part”.
    • The right guaranteed by this Article “shall not be suspended except as otherwise provided for by this Constitution”.
    • Dr B R Ambedkar has called it the very soul and heart of the Constitution. It cannot be suspended except during the period of Emergency.

    Rights protected by A32

    • The article is included in Part III of the Constitution with other fundamental rights including to Equality, Freedom of Speech and Expression, Life and Personal Liberty, and Freedom of Religion.
    • Only if any of these fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.

    Types of Writs under it

    Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:

    1. Habeas corpus (related to personal liberty in cases of illegal detentions and wrongful arrests)
    2. Mandamus — directing public officials, governments, courts to perform a statutory duty;
    3. Quo Warranto — to show by what warrant is a person holding public office;
    4. Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
    5. Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
    • In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court.
    • When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32.

     

     

    Try this PYQ:

    Q.Which of the following is included in the original jurisdiction of the Supreme Court?

    1. Dispute between the Government of India and one or more States
    2. A dispute regarding elections to either House of the parliament or that of Legislature of a State
    3. A dispute between the Government of India and Union Territory
    4. A dispute between two or more States.

    Select the correct answer using the codes given below:

    (a) 1 and 2

    (b) 2 and 3

    (c) 1 and 4

    (d) 3 and 4

     

    [wpdiscuz-feedback id=”51sls4efy5″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Governor and Related issues

    Last week, West Bengal CM blocked its Governor on Twitter. Days earlier, the Tamil Nadu government had taken exception to Governor’s R-Day speech articulating the benefits of NEET.

    These are two of many examples of bitterness between states and Governors.

    Who is a Governor?

    • Parallel to President: The Governors of the states of India have similar powers and functions at the state level as those of the President of India at the Central level.
    • Nominal head: The governor acts as the nominal head whereas the real power lies with the Chief Ministers of the states and her/his councils of ministers.
    • Similar offices: Governors exist in the states while Lieutenant Governors or Administrators exist in union territories including National Capital Territory of Delhi.
    • Non-local appointees: Few or no governors are local to the state that they are appointed to govern.

    Governor-State Relations

    • Acting on aid and advice: Although envisaged as an apolitical head who must act on the advice of the council of ministers, the Governor enjoys certain powers granted under the Constitution.
    • Discretion: He has monopoly for giving or withholding assent to a Bill passed by the state legislature, or determining the time needed for a party to prove its majority, or which party must be called first do so, generally after a hung verdict in an election.
    • Apparatus of interaction: There are no provisions laid down for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other’s boundaries.

    Various friction points

    In recent years, these have been largely about:

    1. Selection of the party to form a government
    2. Deadline for proving majority
    3. Sitting on Bills
    4. Passing negative remarks on the state administration

    Recent contentious case

    • J&K: In November 2018, then J&K Governor dissolved the Assembly amid indications that various parties were coming together to form the government.
    • Maharashtra: In 2019, after a hung verdict in Maharashtra Governor quietly invited a party leader and administered him oath as CM at 6am early morning. This government lasted just 80 hours.
    • Nagaland: Governor has criticised affairs of the state and allegedly interfered in administration.

    Is such friction recent?

    • Allegations of the Centre using the Governor’s position to destabilise state governments have been made since the 1950s.
    • In 1959, Kerala’s government was dismissed merely based on a report by the Governor.
    • Several state governments have been dismissed since then, including 63 through President’s Rule orders issued by Governors between 1971 and 1990.

    Why does this happen?

    • Political appointment: This is because Governors have become political appointees. Politicians become Governors and then resign to fight elections.
    • Nature of appointment: In the Constitution, there are no guidelines for exercise of the Governor’s powers, including for appointing a CM or dissolving the Assembly.
    • Defying constituent assembly: The Constituent Assembly envisaged governor to be apolitical.
    • Nature of appointment: The CM is answerable to the people. But the Governor is answerable to no one except the Centre.
    • Constitutional vacuum: Once can sugercoat it with ideas of constitutional morality and values, but the truth is there is a fundamental defect in the Constitution.
    • Security of Tenure: There is no provision for impeaching the Governor, who is appointed by the President on the Centre’s advice. While the Governor has 5-year a tenure, he can remain in office only until the pleasure of the President.
    • Powers in legislation: There is no limit set for how long a Governor can withhold assent to a Bill.

    What reforms have been suggested?

    • From the Administrative Reforms Commission of 1968 to Sarkaria Commission of 1988 and the one mentioned above, several panels have recommended reforms, such as:
    1. Selection of the Governor through a panel comprising the PM, Home Minister, Lok Sabha Speaker and the CM,
    2. Fixing his tenure for five years
    3. Provision to impeach the Governor by the Assembly
    • No government has implemented any of these recommendations.

     

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  • Central Media Accreditation Guidelines 2022

    The Centre has issued a new policy on the accreditation of journalists, introducing an entire section about reasons that can result in the suspension of the accreditation.

    What is the Policy for Accreditation?

    • The new policy lays down guidelines on how PIB accreditation will be granted to eligible journalists.
    • It is prepared by the Ministry of Information and Broadcasting (I&B) and issued by the Press Information Bureau.
    • At the moment there are 2,457 PIB-accredited journalists in the country.

    Conditions laid

    • For the first time, it specifies conditions that can result in the journalist losing accreditation.
    • The new policy has ten points that may result in the accreditation being canceled, including if a journalist is charged with a “serious cognizable offense”.
    • If a journalist acts in a manner that is prejudicial to the following conditions, his/ her accreditation can be canceled:
    1. Sovereignty and integrity of India
    2. Security of the nation
    3. Friendly relations with foreign states
    4. Public order
    5. Decency or morality or
    6. Defamation or incitement of an offense
    7. In relation to Contempt of Court
    • Accreditation is also liable to be withdrawn/suspended if it is found to have been misused.

    Who is eligible for accreditation?

    • Applications for accreditation are vetted by a Central Press Accreditation Committee headed by the DG, PIB.
    • After a journalist applies, a mandatory security check is conducted by the Home Ministry, which includes police verification of the journalist’s residence.

    (1) Journalists

    • But a journalist needs to have a minimum of five years of professional experience as a full-time working journalist or a cameraperson in a news organization, or a minimum of 15 years as a freelancer to become eligible.
    • Veteran journalists, with over 30 years of experience, and who are older than 65 years of age, too are eligible.
    • Accreditation is only available for journalists living in the Delhi NCR region.
    • Similar rules apply to foreign news organizations and foreign journalists.

    (2) Newspapers

    • A newspaper or a periodical needs to have a minimum daily circulation of 10,000, and news agencies must have at least 100 subscribers.

    (3) Digital platforms and others

    • The policy has introduced a provision that journalists working with digital news platforms are also eligible, provided the website has a minimum of 10 lakh unique visitors per month.

    How does accreditation help?

    • Professional status: The policy mentions that the accreditation does not “confer any official or special status” on the journalists, but only recognizes them as “professional working journalists”.
    • Reporting important offices: In certain events where VVIPs or dignitaries such as the President, the Vice President, or the Prime Minister are present, only accredited journalists are allowed to report from the premises.
    • Source Identity: Accreditation ensures that a journalist is able to protect the identity of his or her sources.
    • Authencity: An accredited journalist does not have to disclose who he or she intends to meet when entering offices of union ministries, as the accreditation card is valid for entry.
    • Perks and benefits: Accreditation brings certain benefits for the journalist and his or her family, like being included in the Central Government Health Scheme, and some concessions on railway tickets.

    What concerns does this raise?

    • Intimidation: This could result, at times, in such powers trying to intimidate journalists or to block information from coming out.
    • Alleged defamation: A common tool used by powerful people is filing of defamation cases against journalists and media platforms.
    • Prevents constructive criticism: Journalists often report on issues and policy decisions that the government may not like.
    • Subjectivity of criteria: The new policy’s provision about acting “in manner which is prejudicial to the sovereignty and integrity of India can be subjective.
    • No watchdog: The policy is silent on who will decide if a journalist’s conduct violates any of these conditions.
    • Media trials: Any investigative story on sensitive issues could be held to be in violation of any of these provisions.

     

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  • Information and Broadcasting Ministry’s powers to regulate content on TV

    The Kerala High Court will pronounce its judgment on an Information and Broadcasting Ministry (I&B) order banning a Malayalam news channel over its connections with radical groups.

    Sectors regulated by I&B Ministry

    • Until last year, it had the power to regulate content across all sectors barring the internet.
    • The sectors include TV channels, newspapers and magazines, movies in theatres and on TV, and the radio.
    • Since Feb 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, extended its regulatory powers over internet content.
    • It now exercises powers especially on digital news and OTT platforms such as Netflix, Amazon Prime, or Hotstar.

    What kind of powers does it have?

    (a) Film Censoring

    • For example, the Central Board of Film Certification (CBFC) has a mandate to give any film that will be played in a theatre, a rating indicating the kind of audience it is suitable for.
    • In practice, however, the CBFC has often suggested changes or cuts to a film before giving it a certification.
    • While it isn’t the CBFC’s mandate to censor a film, it can withhold giving a rating unless the filmmaker agrees to its suggestions.

    (b) TV Censoring

    • When it comes to TV channels, the government last year came up with a three-tier grievance redressal structure for viewers to raise concerns, if any.
    • A viewer can successively approach the channel, then a self-regulatory body of the industry, and finally the I&B Ministry, can issue a show-cause notice to the channel,.
    • It can then refer the issue to an inter-ministerial committee (IMC).

    (c) OTT and other platforms

    • For content on OTT platforms too, there is a similar structure.

    Power to Ban news channels

    • It has in the past issued orders to temporarily ban news and other channels.
    • In November 2016, it imposed a one-day ban on NDTV for its reporting of the Pathankot terror attack.
    • Violation can lead to revocation of a channel’s uplinking license (for sending content to a satellite) or downlinking license (for broadcasting to viewers through an intermediary).
    • In print, based on the recommendations of the Press Council of India, the government can suspend its advertising to a publication.
    • And last year’s IT rules allow I&B Ministry to issue orders to ban websites based on their content.

    What kind of content is not allowed?

    • There are no specific laws on content allowed or prohibited in print and electronic media, radio, films, or OTT platforms.
    • The content on any of these platforms has to follow the free speech rules of the country.
    • Article 19(1) while protecting the freedom of speech, also lists certain “reasonable restrictions” including content related to the security of the state, friendly relations with foreign states, public order, decency, morality, etc.
    • Action can be taken if any of these restrictions are violated.

    Do other agencies play a role?

    • There is no direct involvement, as the powers to regulate content rest only with the I&B Ministry.
    • However, the ministry relies on inputs from other ministries, as well as intelligence agencies.
    • In the recent case, its licenses were revoked because the Home Ministry had denied it security clearance, which is essential as part of the policy.
    • There is also a new mechanism the I&B Ministry adopts.
    • It has used emergency powers it has under the new IT Rules to block certain YouTube channels and social media accounts based on inputs from intelligence agencies.

     

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  • Upsetting the Centre-state balance

    Context

    The proposed amendment to Rule 6 of the IAS (Cadre) Rules 1954, seeks to do away with the consent of both the officer and the state government.

    What makes All-India services different?

    • Article 309: Under Article 309 of the Constitution, the Centre and states are empowered to erect and maintain services for running their administration.
    • Both the Centre and the states exercise full control over their services independently of each other.
    • Article 312: Unlike a central service or state service, an All-India Service is compositely administered under Article 312.
    • While recruitment and allotment to a cadre (state) are determined by the Centre, the states determine the work and posting.
    • Balance between Centre and states: Hence, All-India Services are carefully balanced between the Centre and the states.
    • The Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS) are the three All-India Services.
    • Being an All-India Service, officers of the IAS are posted to the states, from where they are deputed to the Centre with the tripartite consent of the officer, the state government and the central government.

    Issues with the proposed changes

    • The proposed amendment to Rule 6 of the IAS (Cadre) Rules 1954, seeks to do away with the consent of both the officer and the state government.
    • Reasons for amendment: The reason for the amendment, as declared by the central government, is to ensure adequate availability of IAS officers for central deputation, which at present is “not sufficient to meet the requirement at the Centre”.
    • However, the central government has gone beyond its declared reason and stretched the cadre rules to also allow for appropriation of IAS officers “in public interest”.
    • The Centre has virtually conferred upon itself the plenipotentiary power to pull out any number of IAS officers from the states.
    • States may divest IAS officers of key posts: To protect their administration from becoming paralysed, states may resort to altering their Transaction of Business Rules to divest IAS officers of key posts in the state, and vesting the same with the state officers.
    • Alternately, states may conjure provisional berths for retired bureaucrats to re-enter administration as special appointees, outside the cadre rules.
    • Flouting of cadre rules by States: As it is, the implementation of cadre rules is left to the mercy of the states, with the Centre showing a disinclination to enforce them.
    • Some states openly flout the cadre rules with impunity in matters of postings and transfers.
    • The Civil Services Board has been rendered impotent, non-cadre officers are being unilaterally appointed to IAS cadre posts, and the minimum tenure guarantee is openly flouted.
    • Against federalism: Not only could it allow distrust to fester in Centre-state relations, it would also result in the functional depreciation of the IAS in the states.

    Conclusion

    It is important for the states to be reassured that they are in control of their administration, and for the service to not lose its relevance.

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  • India Press Freedom Report, 2021

    The India Press Freedom Report, 2021was recently released by the Rights and Risks Analysis Group (RRAG).

    India Press Freedom Report, 2021: Key Highlights

    • Jammu and Kashmir, Uttar Pradesh, Madhya Pradesh and Tripura topped the list of States and Union Territories where journalists and media houses were targeted in 2021.
    • It is followed by Delhi (8), Bihar (6), Assam (5), Haryana and Maharashtra (4 each), Goa and Manipur (3 each), Karnataka, Tamil Nadu and West Bengal (2 each), and Andhra Pradesh, Chhattisgarh and Kerala (1each).
    • While J&K recorded the maximum attacks by State actors, Tripura had the most cases of attacks by non-State actors, the analysis of data showed.

    Significance of the report

    • The widespread attacks on the press freedom are an indicator of the continuing deterioration of civic space in the country.
    • It represents the status of free speech exercised in our country.

     

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  • Supreme Court revokes Suspension of Maharashtra MLAs

    The Supreme Court has set aside the one-year suspension of 12 MLAs from the Maharashtra Legislative Assembly.

    What was the case?

    • A petition was filed against the suspension.
    • It stated the move as “grossly arbitrary and disproportionate”.
    • The challenge relied mainly on grounds of denial of the principles of natural justice, and of violation of laid-down procedure.

    What did the judgment observe?

    • The apex court observed the decision to suspend them for a year was ‘unconstitutional, substantively illegal and irrational’.

    What did the court say about members being suspended beyond an ongoing session?

    (A) Arbitrary Action

    • The court agreed with the MLAs’ contention that the suspension has to follow the procedure laid down in Rule 53.
    • It said that the suspension of a member must be preferred as a short term or a temporary, disciplinary measure for restoring order in the Assembly.
    • Anything in excess of that would be irrational suspension, the court said.
    • It said that Rule 53 only provides for the withdrawal of a member for the remainder of the day or in case of repeat misconduct in the same session, for the remainder of the session.

    (B) Defining ‘disorderly behaviour’

    • The court said that as per this rule, withdrawal of a member can only be done in case of the member’s conduct being “grossly disorderly”.
    • It relied on definitions of the two words and said that the conduct has to be considered in a graded objective manner.
    • It is not a punishment like expulsion but more a direction to ensure that the business of the House can be carried on smoothly, without any disruption.

    (C) Violative of Fundamental Rights

    • The MLAs were not given an opportunity to present their case and that the suspension violated their fundamental right to equality before the law under Article 14 of the Constitution.
    • They also submitted that they were not given access to video of the proceedings of the House, and it was not clear how they had been identified in the large crowd that had gathered in the chamber.

    (D) Against constitutional ethos

    • It termed the one-year suspension worse than expulsion or disqualification or resignation as far as the rights of the constituency to be represented in the House are concerned.
    • It would also impact the democratic setup.

    (E) Immunity of the state legislature

    • It also considered whether the legislature had complete immunity from judicial review in matters of irregularity of procedure.
    • It ruled that procedures are open to judicial review on the touchstone of being unconstitutional, grossly illegal, irrational or arbitrary.

    Legal basis of the Judgment

    Ans. The bench referred to Article 190 (4) of the Constitution

    • It says- if for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant.
    • Under Section 151 (A) of The Representation of the People Act, 1951, “a bye-election for filling any vacancy shall be held within a period of six months from the date of the occurrence of the vacancy”.
    • This means that barring exceptions specified under this section, no constituency can remain without a representative for more than six months.

    What was the Assembly’s response to the judicial enquiry?

    • It argued that the House had acted within its legislative competence.
    • Under Article 212, courts do not have jurisdiction to inquire into the proceedings of the legislature.
    • Article 212 (1) states that “the validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure”.
    • It also said that a seat does not automatically become vacant if the member does not attend the House for 60 days but it becomes vacant only if declared so by the House.
    • It was submitted that the House is not obligated to declare such a seat vacant.

    Why was this suspension controversial?

    • manipulation: A thin majority coalition government could use such suspensions to manipulate the number of Opposition party members.
    • Avoiding legislative scrutiny: With prominent members suspended, opposition will not be able to effectively participate in discussions/debates in the House fearing suspension of its members for a longer period.
    • Enmity among legislators: The court pointed out that Parliament and Assemblies were becoming more and more an intransigent place.

    Way forward

    • A nation aspiring to be a “world leader” should debate on the welfare of its citizens rather than make Parliament/State Assemblies a stage to exchange jeers and launch personal attacks.
    • The members must maintain statesmanship and not brinkmanship in the House, said the apex court.
    • For becoming world leaders and self-dependent/reliant, quality of debates in the House ought to be of the highest order.

    Conclusion

    • Parliament or the State legislatures are no places to create a ruckus.
    • It is a place where policies and laws are propounded for governing the citizenry.
    • Aggression during the debates has no place in the setting of country governed by the Rule of Law.
    • Even a complex issue needs to be resolved in a congenial atmosphere by observing collegiality and showing full respect and deference towards each other.

     

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  • States must decide on SC/ST quota in promotions: Supreme Court

    The Supreme Court has refused to lay down the criteria for determining the inadequacy of representation for granting reservation in promotions for Scheduled Caste and Scheduled Tribe candidates in government jobs.

    What did the court held?

    • The court stuck firm by the decisions of its Constitution Benches in the Jarnail Singh and M. Nagaraj case that the question of adequate representation of SC/ST communities ought to be left to the respective States to determine.
    • It held ‘cadre’, and not class or group or the entire service, as the unit for the purpose of collection of quantifiable data for giving promotion quotas.

    Why such decision?

    • Determination of inadequate representation depends upon myriad factors of states which this Court cannot envisage.
    • Laying down of criteria for determining the inadequacy of representation would result in curtailing the discretion given to the State governments.

    Quota in Promotions: A timeline

    What was the case?

    • The Union government has been pressing for reservation in promotion proportionate to the population of SCs and STs as per a 1995 judgment by the top court in the RK Sabharwal case.
    • It wants it to be left open to the Centre and states to decide on promotional avenues for SCs and STs.
    • It claims that the condition regarding the collection of quantifiable data to show the inadequacy of representation of SCs/STs is “vague”.
    • Advocates representing the general category have contended that the reservation cannot be for an indefinite period and that it must stop as soon as the upper ceiling has been reached.
    • Further, they have emphasized that reservation in promotion should be cadre-based only after quantifiable data is collected and the creamy layer has been excluded.

    Defying the need for quantifiable data

    • Attorney General sought to convince the court that the roster system, based on the proportionate population of SCs/STs, has been working quite well in all government departments.
    • The condition of collecting quantifiable data on inadequacy of representation of SCs/STs may not be required at all.
    • He urged that there is no need to verify any further or collect quantifiable data after the roster system.

    What is the Nagraj Case?

    • Article 16(4A) of Indian Constitution allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.
    • In 2006, a Constitution bench’s ruling in the M Nagaraj case made it incumbent upon the state to collect quantifiable data showing inadequacy of representation in public employment.
    • This was to be done in addition to maintaining overall administrative efficiency.

    Related amendments

    • 77th Amendment: It introduced Clause 4A to the Constitution, empowering the state to make provisions for reservation in matters of promotion to SC/ST employees if the state feels they are not adequately represented.
    • 81st Amendment: It introduced Clause 4B, which says unfilled SC/ST quota of a particular year, when carried forward to the next year, will be treated separately and not clubbed with the regular vacancies of that year to find out whether the total quota has breached the 50% limit set by the Supreme Court.
    • 82nd Amendment: It inserted a proviso at the end of Article 335 to enable the state to make any provision for SC/STs “for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State”.
    • 85th Amendment: It said reservation in the promotion can be applied with consequential seniority for the SC/ST employee.

    Why such demand for quotas in promotion?

    • The Attorney General has said that it is tough for a member of the SC/ST to reach the ‘Group A’ category jobs.
    • The time has come for the apex court to firm up and draw the basis for reservation in promotions for SC/ST candidates to fill up vacancies in top jobs.
    • The Bench referred to records filed before it to note that there was low representation of SC/ST category in Group A jobs.
    • Instead of improving the situation in the Group A ranks, the court said, efforts are on to ensure adequate representation in Groups B and C.
    • This was not fair, it remarked.

     

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  • Govt tweaks spending norms for Contingency Fund of India

    The government has tweaked spending norms for Contingency Fund of India, allowing 40% of the total corpus to be placed at disposal of the Expenditure Secretary.

    What are the proposed changes?

    • Budget 2021-22 proposed to enhance the Contingency Fund of India from ₹500 crore to ₹30,000 crore through Finance Bill.
    • An amount equivalent to 40 per cent of the Fund corpus shall be placed at the disposal of the Secretary, Ministry of Finance, Department of Expenditure.
    • This would serve the purpose of meeting unforeseen expenditure.

    What is Contingency Fund of India?

    • Contingency is a negative event which may occur in future, like recession or pandemic.
    • The Constitution has a provision for a contingency fund. Its corpus is always kept intact.
    • Article 267 of the Constitution mandates formation of a corpus under Contingency Fund of India to deal with any emergency situation.
    • It is placed at the disposal of the President of India.
    • Government cannot withdraw funds from it without authorization of the Parliament.
    • And the corpus has to be replenished with the same amount later.

    Management of the fund

    • The fund is held by the Department of Economic Affairs on behalf of the President of India and it can be operated by executive action.
    • The fund can be increased through a Finance Bill when Parliament is in the session.
    • Or through Ordinance if the House is not in session and situation warrants.
    • Withdrawal from the fund takes place with the approval of the Secretary of Department of Economic Affairs, in terms of the Contingency Fund of India Act, 1950.
    • An amount equivalent to 40% of the corpus has now been placed at the disposal of the Expenditure Secretary.
    • All further Contingency Fund releases beyond this limit will require the approval of the Expenditure Secretary in addition to the Economic Affairs Secretary’s approval.

    Back2Basics:

    Consolidated Funds of India

    • The provision for this fund is given in Article 266(1) of the Constitution of India.
    • The government meets all its expenditure from this CFI.
    • It receives money from:
    1. Direct and indirect taxes Loans taken by the Indian government
    2. Returning of loans/interests of loans to the government by anyone/agency that has taken it
    • The government needs parliamentary approval to withdraw money from this fund.
    • Each state has its own Consolidated Fund of the state with similar provisions.
    • The Comptroller and Auditor General of India audits these funds and reports to the relevant legislatures on their management.

    Public Account of India

    • All other public money (other than those covered under the Consolidated Fund of India) received by or on behalf of the Indian Government are credited to this account/fund.
    • It is constituted under Article 266(2) of the Constitution.
    • This is made up of:
      1. Bank savings account of the various ministries/departments
      2. National small savings fund, defense fund
      3. National Investment Fund (money earned from disinvestment)
      4. National Calamity & Contingency Fund (NCCF) (for Disaster Management)
      5. Provident fund, Postal insurance, etc.
      6. Similar funds
    • The government does not need permission to take advances from this account.
    • Each state can have its own similar accounts.
    • CAG makes audit of all the expenditure from the Public Account of India.

     

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  • The strength of our republic

    Context

    A republic is made robust and kept alive by its people. In its current form, the Indian republic marks 73 years of maintaining a dynamic balance.

    Directly elected representation

    •  It is to the credit of our people that today we have a pyramidal three-layered elected representative system that governs us.
    • This system today has over 3 million elected representatives (a million of them women), over 4,000 elected to the state legislatures and over 500 in the Parliament.
    • This scale of directly elected representation, perhaps, can be seen nowhere else in the world.

    Moral and spiritual basis of the Constitution

    • In Pilgrimage to Freedom, K M Munshi writes, “our Constitution has a moral background — to secure justice for every section of our society; as also a spiritual basis — to preserve and protect all religions in the exercise of their functions”.
    • The challenges continue in securing justice for every section of our society.
    • The Backward Classes, the Scheduled Castes and the Scheduled Tribes and the poor across all categories clamour for better opportunities and affordable justice.
    • What Munshi calls the spiritual basis of our Constitution in having to preserve and protect all religions is also seen under stress.
    • When the right to practise one’s religion is denied or threatened, the silence of the thinking public or the media weakens that constitutionally embedded protection.

    Challenges posed by social media

    • Through the power of technology and its capacity to broadcast at mass scale, an otherwise useful tool, social media, has become a challenge and sometimes a threat to one or several of the rights enshrined in our Constitution.
    • Curtailing them to protect the rights of citizens is seen as trampling upon the right to free speech.
    • Without any action, the damage caused to social harmony by such rampant false news can result in people losing faith in the Constitution itself.

    Constitution as a living, dynamic process

    • Our Constitution is the most amended of all constitutions in the world.
    • If there are more than 100 amendments made to the Constitution, there are more than 1,500 laws that have been repealed because they have outlived their times.
    • These deadwood laws, by remaining on paper, occasionally became a weapon in the hands of rent-seekers.
    • Their removal, as a part of administrative reform, has kept the role of the executive transparent and accountable.
    • That the Constitution is always evolving is best exemplified by the 101st amendment which rolled out the Goods and Services Tax.
    • his amendment brought in a unified indirect tax regime by subsuming most of the indirect taxes of the Centre and the states.
    • Yet to complete five full years, the GST Council has stood the test of challenging times even in its initial years.
    • It augurs well for cooperative federalism.

    Conclusion

    Our Constitution has served us well in these seven decades. Several republics in the post-imperial era have rejected their earlier constitutions and tested new ones. It is the people who can keep the republic robust and alive.

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